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Donatelles Variance Planning Case No. 538-98 November 18, 1998 Page 4 • e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is the minimum necessary to alleviate the hardship in that the intent of the request is to lessen the extent of the existing nonconformity and to improve the overall appearance of the property. This criterion is met. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The Zoning Code was not drafted with the intent to prevent a legally conforming business from improving its operation. Granting the requested variance would serve only to legitimize a dimensional nonconformity which has been in existence for thirty years. This criterion is met. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Granting of this requested variance will improve the flow of traffic in and around this . site and will be a benefit to public safety by closing the Highway 10 access from the Donatelles property. No property values will be diminished or impaired as a result of the Donatelles improvements. This criterion is met. Recommendation: Given the information presented herein yet contingent upon the input provided at the public hearing, it is staffs recommendation that the Planning Commission approve Resolution No. 561-98, a resolution approving a variance to the front yard setback for parking lots in a commercial district for the property located at 2400 Highway 10. James Ericson, Planning Associate NADATA\GROUPS\COMDE V\DE VCASES\538-98\REPORT2.PC